42 U.S.C. § 12184

Prohibition of discrimination in specified public transportation services provided by private entities

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(a) General rule

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.

(b) ConstructionFor purposes of subsection (a), discrimination includes—(1) the imposition or application by a 11 So in original. Probably should be “an”. entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered;(2) the failure of such entity to—(A) make reasonable modifications consistent with those required under section 12182(b)(2)(A)(ii) of this title;(B) provide auxiliary aids and services consistent with the requirements of section 12182(b)(2)(A)(iii) of this title; and(C) remove barriers consistent with the requirements of section 12182(b)(2)(A) of this title and with the requirements of section 12183(a)(2) of this title;(3) the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an over-the-road bus) which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; except that the new vehicle need not be readily accessible to and usable by such individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;(4)(A) the purchase or lease by such entity of an over-the-road bus which does not comply with the regulations issued under section 12186(a)(2) of this title; and(B) any other failure of such entity to comply with such regulations; and 22 So in original. The word “and” probably should not appear.(5) the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section that is not readily accessible to or usable by individuals with disabilities, including individuals who use wheelchairs; except that the new van need not be readily accessible to and usable by such individuals if the entity can demonstrate that the system for which the van is being purchased or leased, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;(6) the purchase or lease by such entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than 30 days after the effective date of this paragraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and(7) the remanufacture by such entity of a rail passenger car that is to be used to provide specified public transportation so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.(c) Historical or antiquated cars(1) Exception

To the extent that compliance with subsection (b)(2)(C) or (b)(7) would significantly alter the historic or antiquated character of a historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in violation of any rule, regulation, standard, or order issued by the Secretary of Transportation under the Federal Railroad Safety Act of 1970, such compliance shall not be required.

(2) DefinitionAs used in this subsection, the term “historical or antiquated rail passenger car” means a rail passenger car—(A) which is not less than 30 years old at the time of its use for transporting individuals;(B) the manufacturer of which is no longer in the business of manufacturing rail passenger cars; and(C) which—(i) has a consequential association with events or persons significant to the past; or(ii) embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed.(Pub. L. 101–336, title III, § 304, July 26, 1990, 104 Stat. 359.)Editorial NotesReferences in Text

For the effective date of this section, referred to in subsec. (b)(3), (5), see section 310 of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title.

The effective date of this paragraph, referred to in subsec. (b)(6), is 18 months after July 26, 1990, see section 310(a) of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title.

The Federal Railroad Safety Act of 1970, referred to in subsec. (c)(1), is title II of Pub. L. 91–458, Oct. 16, 1970, 84 Stat. 971, which was classified generally to subchapter II (§ 431 et seq.) of chapter 13 of Title 45, Railroads, and was repealed and reenacted in section 5109(c) of Title 5, Government Organization and Employees, section 54a of Title 45, Railroads, chapter 201 and sections 21301, 21302, 21304, 21311, 24902, and 24905 of Title 49, Transportation, and provisions set out as a note under section 20103 of Title 49 by Pub. L. 103–272, §§ 1(e), 4(b)(1), (i), (t), 7(b), July 5, 1994, 108 Stat. 862, 891, 893, 930, 935, 1361, 1365, 1372, 1379, the first section of which enacted subtitles II, III, and V to X of Title 49.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 18 months after July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(3) only) and subsec. (b)(3) of this section effective July 26, 1990, see section 310(a), (c) of Pub. L. 101–336, set out as a note under section 12181 of this title.

Notes of Decisions

Cited in 30 cases (9 in the last 5 years), 1999–2025 · leading case: Lopez v. Jet Blue Airways, 662 F.3d 593 (2d Cir. 2011).

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Lopez v. Jet Blue Airways, 662 F.3d 593 (2d Cir. 2011). · cites it 3× “We can conceive of two claims Lopez may have brought under the ADA: (1) disability discrimination in the provision of “specified public transportation services,” 42 U.S.C. § 12184 , and (2) disability discrimination in a “place of public accommodation,” 42 U.”

Toomer v. City Cab, 443 F.3d 1191 (10th Cir. 2006). · cites it 5× “42 U.S.C. § 12184 (a). There is no dispute that the Cab Companies are subject to this provision.”

Access Living of Metro. Chi. v. Uber Techs., Inc., 351 F. Supp. 3d 1141 (E.D. Ill. 2018). · cites it 3× “§ 12182 (b)(2)(B)-(C), and when an entity that is primarily a transportation business purchases or leases a new van that is not wheelchair-accessible, 42 U.S.C. § 12184 (b)(3), (5). The ADA's requirements are not as black and white as Uber contends.”

Shotz v. City of Plantation, FL, 344 F.3d 1161 (11th Cir. 2003). “See 42 U.S.C. § 12184 (a). The DOJ issued its rules contemporaneously with its implementation of these provisions, using conventional notice-and-comment rulemaking procedures.”

Daniel Lopez v. Catalina Channel Express, Inc., 974 F.3d 1030 (9th Cir. 2020). “The only question is whether any barriers interfered with [the plaintiff’s] ability ‘to participate in or benefit from the goods, services, facilities, privileges, advantages, or 1 Catalina argues that the ADA does not apply to Lopez’s claims because its operations do not affect…”

Olmstead v. L.C., 527 U.S. 581 (1999). “42 U. S. C. § 12184 (b). The § 504 regulation upon which the reasonable-modifications regulation is based provides now, as it did at the time the ADA was enacted: “A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise…”

Disabled Americans for Equal Access, Inc. v. Ferries Del Caribe, Inc., 405 F.3d 60 (1st Cir. 2005). “§ 12182 (a), and public transportation provided by a private entity, see 42 U.S.C. § 12184 (a); • Umpierre was subjected to discrimination and is likely to suffer discrimination in the future through lack of access to “full and equal enjoyment” of the goods, services, and other…”

Bowers v. Nat'l Collegiate Athletic Ass'n, 475 F.3d 524 (3rd Cir. 2007). “§ 12182 (a), and public transportation services, 42 U.S.C. § 12184 (a). 5 . The last remaining claim against ACT/Clearinghouse under the NJLAD was dismissed on August 6, 2001.”

Oliver v. Va. Bd. of Bar Exam'rs, 312 F. Supp. 3d 515 (E.D. Va. 2018). “§ 12182 , and "discrimination in specified public transportation services provided by private entities," 42 U.S.C. § 12184 . For purposes of Title III, the definition of "public accommodations" is limited to an enumerated list of private entities.”

Spector v. Norwegian Cruise Line Ltd., 356 F.3d 641 (5th Cir. 2004). “Title III also prohibits discrimination against disabled individuals on “specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.”

Nat'l Fed'n of the Blind v. Uber Tech., Inc., 103 F. Supp. 3d 1073 (N.D. Cal. 2015). “§ 12182 (b), as a “public accommodation,” or 42 U.S.C. § 12184 , as a “specified public transportation service.”

Ruta v. Delta Airlines, Inc., 322 F. Supp. 2d 391 (S.D.N.Y. 2004). “§ 12181 (10) specifically provides that the provision allegedly violated by Defendant — 42 U.S.C. § 12184 — does not apply to or encompass travel by aircraft.”

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